Can my landlord enter my apartment without notice?
April 6, 2024 | 50,00 EUR | answered by Hans Krüger
Dear Civil Law Attorney,
My name is Ulrike Schreiber and I am reaching out to you with a question regarding my landlord. In my current living situation, I have noticed that my landlord has entered my apartment several times without notice. This has made me very uneasy and I feel that my privacy has been greatly compromised.
The situation is as follows: My landlord has not provided me with any specific reasons as to why he needs to enter my apartment. He always came at times when I was not at home and inspected or changed things in my apartment without informing me. Due to my job and long working hours, I was not able to address this issue with him in person.
I am very concerned about my privacy and do not feel safe in my own home anymore. Therefore, I would like to know if my landlord has the right to enter my apartment without notice and what legal steps I can take to protect myself. Are there legal regulations that my landlord must follow before entering my apartment? How can I enforce my rights as a tenant in this situation?
I thank you in advance for your assistance and look forward to your professional advice.
Sincerely,
Ulrike Schreiber
Dear Mrs. Schreiber,
Thank you for your inquiry regarding your landlord entering your apartment without notice. It is understandable that you feel disturbed and insecure in your privacy. As a tenant, you have certain rights that allow you to protect your privacy and prevent unauthorized entry into your apartment by the landlord.
In Germany, the right to inviolability of the home (Article 13 GG) applies. This means that your landlord may not enter your apartment without your consent, unless there is a legitimate interest. Such an interest could be, for example, an acute water damage that the landlord must promptly repair. In such cases, the landlord is entitled to enter the apartment even without your consent.
In your case, however, it seems that your landlord is entering your apartment without a specific reason and without your consent. This is not lawful and violates your rights as a tenant. Your landlord is obliged to inform you of a reasonable notice period before entering your apartment. This period is usually 24 hours. Through the announcement, you can ensure that you are at home during the landlord's visit and can address any questions or concerns directly.
If your landlord continues to enter your apartment without notice, I recommend first talking to him and politely reminding him that he must comply with the legal regulations. If the situation does not improve, you can also take legal action. You have the right to apply for an injunction to enforce your right to inviolability of the home.
Additionally, you can contact a tenants' association or a lawyer specializing in tenancy law to discuss further legal steps and receive support. A lawyer can help you defend your rights as a tenant and compel your landlord to comply with legal regulations.
I hope that my explanations help you and support you in your situation. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Hans Krüger
Attorney at Law specializing in Civil Law
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